HomeMy WebLinkAboutORD 130ORDINANCE NO. /
AN ORDINANCE .ESTABLISHING LOCAL Ilvi-
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BE IT OR DAINED BY THE IviAYOR AND CITY
COUNCIL OF THE CITY OF CALDWELL
Section 1, That Local Improvement District
No. l,within the City of Caldwell, County of Canyon,
and State of Idaho, according to the plans and specifica-
tions on file in the office of the City Engineer of
said City of Caldwell, is hereby established.
Sectio 2. That the grading of, and that the
pavement, curbing, and surface draining is hereby or-
tiered; that a Bitulithic pavement be laid and con-
structed under the supervision of the City Engineer
and Council of said. City of Caldwell, in accordance
with, and as a part of the improvement provided for in
Special Ordinance No. 2 passed by the Council on the
21st day of Jane, 1909, and approved by the 11ayor on
the 21st day of Ji.a_ne, 1909, in Local Improvement Dis-
trict No. 1, and according to the plans and specifications
now on file in the office of the City Engineer of the
City of Caldwell, and along and upon parts of certain
streets within the city of Caldwell as follows, to-
rit:
MAIN STREET 3d Ave. to 9th Ave.
Beginning at the property line on east side
of 3d Ave. and extending to property line on east
side of 9th Ave. 1800 ft. abutting property, 41 ft.
wide, 6 Street intersections (railroad)
ARTHUR STREET 6th Ave. to 9th Ave.
Beginning at property line on crest side of
6th Ave. to property line on east side of 9th Ave.,
300 ft. abutting property, 50 ft. wide; 600 ft.
abutting property, 41 ft. wide. 1 full street
intersection. 3 intersections (car line),
9th'
From right of ray boundary south side
of 0. S. L. R. R. to street intersection north side
of Main, 100 ft. abutting property, 50 ft. wide.
1 20 -ft, alley intersection.
From intersection south side of Main to
intersection on north side of Arthur, 240 ft. abut-
t ing property, 50 ft. wid.e . 1 16-ft. alley Inter-
section.
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KIRBALL AVENUE
From right of way boundary north side of
0. S. L. R. R. to street intersection north side
of Main, 300 ft. abutting Property, 50 ft. wide;
1 20 -ft. alley intersection.
From street intersection south side of Miain
to intersection north side of Arthur, 240 ft. abut -
ting property, 50 ft. wide. 1 16 -ft, alley inter-
section.
From intersection south side of Arthur to
Bridge, 215:6 ft. abutting property, 50 ft. wide.
1 16 -ft, alley intersection.
7th AVENUE
From track south side of depot to intersec-
tion north side of wain, 100 ft. abutting property,
50 ft. wide. 1 20 -ft. alley intersection.
From street intersection south side of Main
to street intersection north side of Arthijr, 240
ft. abutting property, 41 ft. wide. 1 16 -ft, inter- •
section (alley)
From street intersection south side of
Arthur to Bridge, 218.7 ft. abutting property, 50
ft. vide. 1 16 -ft. alley intersection.
6th AVENUE d �� ,��ale. 4
From A 0. �. L. R. R. to street intersection
north side of Main, 100 ft. abutting property, 50
ft. wide. 1 20 -ft, alley intersection.
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5th AV_T+IUE
From north boundary 0. S. L. R. R. right of
wav to street intersection north side of Main, 300
ft. abutting property, 50 ft. vide. 1 20 -ft, alley
intersection.
From intersection south side of Main to
property line south boundary of alley between Main
and Arthur, 120 ft. abutting; property, 50 ft. wide.
1 16 -ft, alley intersection.
RAILROAD ALL EY. 5th Ave to 9th Ave.
From alley intersection east side of 5th
Ave. to alley intersection on nest side of 9th
Ave., 1200 ft., 20 ft. aide.
ALLEY 6th Ave to 9th Ave., between MAIN and. ARTHUR
From alley intersection on east side of
6th Ave. to alley intersection on crest side of
9th Ave., 900 ft., 16 ft. wide.
Section S. That the property to be included
and assessed as hereafter rrovided, shall include the
land abutting, contig,xous to, adjacent or tributary to
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the parts of streets hereinbefore specified to be
graded, paved, otirbed and. surface drained within said
District, and the land so affected shall extend from
the street or alley upon which it faces, back to the
extreme limit of such lots, where the same is laid out
and platted in lots, and where no lots are platted or
laid out, the land to be included as aforesaid shall
extend back a distance of 125 feet from the street or
alley upon which it faces.
Section 4. That iZon the passage of this or-
dinance, the Committee on Streets, together with the
City Engineer, shall make out an assessment roll
according to the provisions of said ordinance and
Chapter V, Title 19, Political Code, Revised Codes
of the State of Idaho, and shall certify the same to
the said Council of the City of Caldwell. Said Com-
mittee shall immediately organize themselves by the
election of a President, and their deliberations
shall be governed by the rules governing the City
Council. Their meetings shall -be called by the Pres-
ident of said. Committee, and the City Clerk shall act
as Secretary and shall keep a full record of all pro-
ceedings.
Section 5. Said Street Corrmiittee shall as-
certain the total cost of making the proposed improve-
ment and shall make an examination and assessment of
all of the property within said District as aforesaid,
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which assessment shall be in accordance with and in
proportion to the front footage abutting and contig-
uous to the streets and alleys to be improved., accord-
ing to the square feet or square yards in such front
footage, and according to the benefits that will accrue
to said property so assessed by reason of the proposed
grading, paving, curbing and surface draining there-
of. All of the property within Local Improvement
District No. 1 shall be assessed as aforesaid, for the
cost of the proposed improvement herein ordered, except
the expense of the improvement in the space formed by
the junction of two or more streets or where one Main
street terminates at, or corsses another main street
and, also, all necessary street crossings or cross -
ways at corners and intersections of streets, and the
expense of making or repairing sewers shall not be
included in said assessment, but shall be paid by the
City of Caldwell. If any work or improvement is
done by virtue of this Ordinance on one side of a cen-
ter line of any street or alley, the property on that
side, only, shall be assessed.
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Section G. The said Assessment Roll prepared
by said Street Committee shall contain, among other
things, the names of the property owners affected by
the proposed improvement, the description of said piece,
lot, or parcel of land, and the aii:ount assessed against
the same. On receiving said assessment roll, the City
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Clerk shall give notice by three successive publica-
tions in.the Caldwell Tribune, a weekly newspaper
published in the City of Caldwell, that such assess-
ment roll is on file in his office, the date of filing,
the same, and said notice shall state the time at
which the Council will hear and consider objections to
said assessment roll by ;parties aggrieved by such
assessment.
Section 7. That all assessments here -
inbefore specified shall be known as Special Assess-
ments for Improvements and shall be levied and collec-
ted as a separate tax in addition to the taxes for
general revenue purposes to be placed on the tax roll
for collection, subject to the same penalties and
collected in the same manner as other City taxes.
Section 8. That the Mavor and Council of the
Citv of Caldwell may, at their discretion, provide for
the payment of the expense of making such improvement
herein ordered in installments by the issuance of
Improvement ?ponds of said District, said installments
being in equal, annual payments of not to exceed eight,
per cent per annum interest, and to run five years.
Such bonds shall not be issued in an amount in excess
of the contract price of the proposed improvement, ex-
cept that the installment coupons shall include the
illterest on such installments to maturity thereof.
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Such bonds may, at the discretion of the Mayor and
Co of the City of Caldirrell, be issued to the
Contractor who shall construct the proposed improvement,
or be sold_ at not less than their par value net, and
the proceeds thereof paid to the Contractor. The
bonds shall be in such deanominations as the ;Mayor and
Council shall deem proper. For the payment of the
installments on such bonds, the Mayor and Council of
the City of Caldwell are hereby empowered and they
shall levy, annually, special assessments against the
specific property abutting and contigizoizs to the pro-
posed improvement as hereinbefore provided, sufficient
to redeem the installments of such bonds next there-
after maturing, with interest thereon at not to exceed
eight per cent per annum fron the date of the issu-
ance of such bonds until the date of the maturity of
the installments next thereafter maturing. Such
assessments shall be made, levied and collected in
the same manner as if no bonds were issued, except as
otherwise provided by this ordinance.
Section 9. The owner of any piece of p;.op-
erty liable for any special assessment chargeable
against his property, may redeem his property from
such liability by paying the entire assessment charge-
able against his property (upon the City Clerz mailing
him written or printed notice), thirty days before the
issuance of the bonds, or, after the issuance of the
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bonds by paying all the installments of the assess-
ments which have been levied and, also, unlevied in- /
stallraents, with interest on the latter at the rate
of eight per cent per annum from the date of the issu-
ance of the rate bonds to the maturity of the last in-
stallment. All such assessments shall be paid to the
City Treasurer. The funds arising from all assess -
ments levied for the redemption of the bonds shall
be applied solely to the redemption of said bonds.
Section 10. The bonds herein provided for
shall have printed thereonYp(among other things),
substantially the following: 611
"The holder of this bond shall have no claim
against the City of Caldwell in any event except from
the collection of the special assessment made for the
irnprovement for whitih the same was issued, but his
remedy in case of non - payment shall be confined to the
enforcement`of such assessment.
Section 11. That it is hereby provided that
the procedure for carrying out the provisions of this
Ordinance shall be governed by the provisions of
Chapter 5, title 13, Political Code, Revised Codes
of the State of Idaho.
Passed by the Council this /� � day of
®, 1909,
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APPROVED by the Mayor this day of
1909.
zl
(i Mayor.
Attest: avInZ1
City Clerk.
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